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7 Hawaii opinions name it 2 courts 1983–2026 1 in the last five years
The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In re: The Petition for the Coordination of Maui Fire Cases. S.Ct. Order, filed 02/10/2025 [ada].green2 sentences2026See id. at 416, 432, 565 P.3d at 761, 777 . 2026See id. at 416, 432, 565 P.3d at 761, 777. | 1 | 1 |
Emerson v. Southern Ry. Co.green2 sentences2004Co., 404 So.2d 576, 580 (Ala.1981) (noting that “the derivative claim for loss of consortium of a spouse or parent is not subject to the tolling statute of the infant”); Smith v. Long Beach City Sch. 2004Co., 404 So.2d 576, 580 (Ala.1981) (noting that "the derivative claim for loss of consortium of a spouse or parent is not subject to the tolling statute of the infant"); Smith v. Long Beach City Sch. | 1 | 1 |
Smith v. Long Beach City School Districtgreen2 sentences2004Dist., 276 A.D.2d 785 , 715 N.Y.S.2d 707, 708 (2000) (observing that "the infancy toll is personal to the infant and does not extend to the parents' derivative claims"). 2004Dist., 276 A.D.2d 785 , 715 N.Y.S.2d 707, 708 (2000) (observing that "the infancy toll is personal to the infant and does not extend to the parents' derivative claims"). | 1 | 1 |
Smachlo v. Birkelogreen1 sentence2001Smachlo v. Birkelo, 576 F.Supp. 1439, 1442-43 (D.Del.1983). | 1 | 1 |
Shinn v. Edwin Yee, Ltd.green2 sentences2001See Shinn, 57 Haw. at 217-20 , 553 P.2d at 736-38 . 2001See Shinn, 57 Haw. at 217-20 , 553 P.2d at 736-38 . | 1 | 1 |
Saranillio v. Silvagreen2 sentences1998This treatment is consistent with Saranillio v. Silva, 78 Hawai'i 1, 13 , 889 P.2d 685, 697 (1995) (holding that a vicariously liable employer is a joint tortfeasor with its employee under HRS § 663-11 (1985)). 6 . 1998This treatment is consistent with Saranillio v. Silva, 78 Hawai'i 1, 13 , 889 P.2d 685, 697 (1995) (holding that a vicariously liable employer is a joint tortfeasor with its employee under HRS § 663-11 (1985)). 6 . | 1 | 1 |
Yamamoto v. Premier Insurancegreen2 sentences1998Co., 4 Haw.App. 429, 435 , 668 P.2d 42, 48 (1983), this court recognized that "loss of consortium is a derivative claim arising from the loss of services, companionship, society, and conjugal benefits caused by injuries which were negligently or wrongfully inflicted upon one’s spouse.” The reference to "consortium” in this case thus seems inappropriate and should be deleted from the instructions on remand. 5 . 1998Co., 4 Haw.App. 429, 435 , 668 P.2d 42, 48 (1983), this court recognized that "loss of consortium is a derivative claim arising from the loss of services, companionship, society, and conjugal benefits caused by injuries which were negligently or wrongfully inflicted upon one’s spouse.” The reference to "consortium” in this case thus seems inappropriate and should be deleted from the instructions on remand. 5 . | 1 | 1 |
Barker v. Scottgreen2 sentences1986Id. 81 Misc. 2d at 415-16 , 365 N.Y.S.2d at 758 (emphasis in original). 1986Id. 81 Misc. 2d at 415-16 , 365 N.Y.S.2d at 758 (emphasis in original). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reliable Collection Agency, Ltd. v. Cole
green
2 sentences2008Id. at 509-10 , 584 P.2d at 111 . [28] Cort v. Ash involved a stockholder's action against a corporation and its directors, seeking an injunction and asserting a derivative claim for damages based on alleged violations of a criminal statute prohibiting corporate expenditures on campaigns for federal office, which provided for only a criminal penalty. 2008Id. at 509-10 , 584 P.2d at 111 . [28] Cort v. Ash involved a stockholder's action against a corporation and its directors, seeking an injunction and asserting a derivative claim for damages based on alleged violations of a criminal statute prohibiting corporate expenditures on campaigns for federal office, which provided for only a criminal penalty. | 1 | 2008–2008 |
Christie v. Maxwell
green
2 sentences1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse. 1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse. | 1 | 1986–1986 |
Lantis v. Condon
green
2 sentences1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse. 1986Although the modern trend of tort law is to consider loss of consortium as an injury to the deprived spouse giving rise to a separate and independent action for damages, see generally, Prosser, Torts § 125 (5th ed. 1984); see also Annot., 36 A.L.R. 3d 900 (1971); Lantis v. Condon, 95 Cal. App. 3d 152 , 157 Cal. Rptr. 22 (1979); Christie v. Maxwell, 40 Wash. App. 40 , 696 P.2d 1256 (1985), nevertheless, it remains a derivative claim dependent for its viability upon the personal injury to one’s spouse. | 1 | 1986–1986 |
Towse v. State
green
2 sentences1983Jur. 2d Husband & Wife § 450 (1968); Towse v. State, 64 Haw. 624 , 647 P.2d 696 (1982). 1983Jur. 2d Husband & Wife § 450 (1968); Towse v. State, 64 Haw. 624 , 647 P.2d 696 (1982). | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.